PREAMBULE
AGREEMENTS RELATING TO THE OBLIGATIONS RESULTING FROM
THE TREATY OF TRIANON.
The duly authorised Representatives of the Government of His Majesty the King of the Belgians, the Government of the United Kingdom of Great Britain and Northern Ireland, the Government of Canada, the Government of the Commonwealth of Australia, the Government of New Zealand, the Government of the Union of South Africa, the Government of India, the Government of the French Republic, the Government of the Greek Republic, the Government of the Kingdom of Hungary, the Government of His Majesty the King of Italy, the Government of His Majesty the Emperor of Japan, the Government of the Republic of Poland, the Government of the Republic of Portugal, the Government of His Majesty the King of Roumania, the Government of the Czechoslovak Republic, the Government of His Majesty the King of Jugoslavia,
met at The Hague with a view to arriving at a final and complete settlement of the question of the financial obligations incumbent on Hungary by virtue of the Treaty of Trianon, of the Armistice of the 3rd November 1918, and of any Agreements supplementary thereto and to ensure the settlement of disputes of a financial nature which have arisen between Hungary or Hungarian nationals, of the one part, and certain Powers or their nationals, of the other part.
To this end an Agreement was signed and four Annexes were duly initialled at The Hague on January 20th 1930.
Certain Powers are not Contracting Parties to the former Annex III (now Agreement No. IV).
It was decided at The Hague that the final drafting of these Agreements should be entrusted to a Committee which was to sit in Paris.
As the result of the labours of that Committee, the appended texts drawn up in French and in English, both texts being equally authentic, were signed in Paris on 28th April 1930.
These Agreements must be considered as inseparably connected and ratified accordingly.
The deposit of ratifications shall be made at Paris as soon as possible.
A first proces-verbal of the deposit of ratifications shall be drawn up as soon as the Agreements have been ratified by Hungary, on the one hand and, on the other hand, by the six Powers, France, Great Britain, Italy, Czechoslovakia, Jugoslavia and Roumania, and by one of the five other Powers, Belgium, Greece, Japan, Poland and Portugal.
The Powers of which the seat of Government is outside Europe will be entitled to inform the French Government through their diplomatic representative at Paris that their ratification has been given; in that case, they must transmit the instrument of ratification as soon as possible.
The Agreements will come into force between the Contracting Parties who have thus ratified, from and after the date of the first proces-verbal.
Save as above provided, the Agreements will come into force for each Signatory Government at the date of its notification or the deposit of its ratification.
The French Government will transmit to each of the Signatory Governments a certified copy of the proces-verbaux of notification or deposit of ratification.
The present Agreements shall remain in the archives of the French Government which will issue an authentic copy to each of the Governments signatory to the Treaty of Trianon.
Done in a single copy at Paris, the 28th day of April 1930.
LOUCHEUR.
CONST. FOTITCH.
ROBERT PERIER.
IGINO BROCCHI.
M. NAGAI.
J. MROZOWSKI.
TOMAZ FERNANDES.
D. CAVADIAS.
W. A. C. GOODCHILD.
W. A. C. GOODCHILD.
W. A. C. GOODCHILD.
W. A. C. GOODCHILD.
W. A. C. GOODCHILD.
PHILIPPE ROY.
KORANYI.
N. TITULESCU.
pour M. BENEŠ IBL.
AGREEMENT No. I.
CONCERNING THE ARRANGEMENTS BETWEEN HUNGARY AND
THE CREDITOR POWERS.
Article 1.
In complete and final settlement of the charges incumbent on her by virtue of the Treaty of Trianon, of the Armistice of the 3rd November 1918, and of any Agreements supplementary thereto, without prejudice, however, to the stipulations of Article 2 below, Hungary hereby confirms her obligation to pay the sums specified in the Reparation Commissions decision No. 2797 of 21st February, 1924, and undertakes, on account of the special claims which are based on the said Treaty, to make payment of a constant annuity of 13,500.000 gold crowns as from the 1st January 1944 and during the years 1944 to 1966 inclusive.
Further, the Hungarian Government waives any claims which it may have against the Creditor Powers by virtue of the Treaty of Trianon, of the Armistice of the 3rd November 1918, or of any Agreements supplementary thereto.
Article 2.
1. The present Agreement in no way affects the obligations in respect of pre-war public debts incumbent upon Hungary by virtue of the Treaty of Trianon, or the obligations which devolve upon either Hungary or upon the other Signatory Powers under any other agreements or arrangements concluded up to the coming into force of the present Agreement.
2. The further execution of Article 186 of the Treaty of Trianon and its Annex, in so far as the duties of the Reparation Commission are concerned, will in due course form the subject of an arrangement between the Parties interested.
3. Judgments given or to be given by the Mixed Arbitral Tribunals against the Hungarian Government in favour of nationals of Creditor Powers whith which Hungary has no clearing agreement, shall be paid by the Hungarian Government as follows:
The total of the awards shall bear interest at 3% per annum as from 1st January 1933 if the judgment is prior to that date and as from the date of the judgment itself if it is subsequent to that date.
This simple interest shall not be paid each year but shall be added to the total of the award until 1st January 1944. The amount thus arrived at shall be paid in five equal annuities on 1st January 1944, 1st January 1945, 1st January 1946, 1st January 1947, and 1st January 1948.
Interest at 3% on the sums owed by Hungary to date shall be added to the four last payments.
Within three months of the coming into force of the present Agreement or within three months of the notification of the judgment, Hungary shall deliver bonds with five coupons, each of which shall represent the sum to be paid at each of the five due dates specified above.
Article 3.
The payments due up to 1st January 1944 shall be subject to the conditions laid down in the texts now in force relating to the financial reconstruction of Hungary and, in particular, in the Reparation Commissions Decision No. 2797 of 21st February 1924. Nevertheless, the Bank for International Settlements shall be entrusted with the duty of receiving these sums in accordance with the procedure provided in the texts referred to in the present Article.
Article 4.
The payments due after 1944 constitute an unconditional obligation, that is to say, without any right of suspension whatever. They shall be made to the Bank for International Settlements, in gold or in currencies equivalent to gold, in two equal instalments on 1st January and 1st July of each year, the first instalment falling due on 1st January 1944.
Article 5.
The Bank for International Settlements shall credit all sums which it receives in execution of Articles 3 and 4 of the present Agreement to the account opened in favour of the Creditor Powers.
Article 6.
The first charge established by Article 180 of the Treaty of Trianon on all the assets and revenues of Hungary for the cost of reparations and all other costs referred to in the said Article shall definitively cease to have effect as from the date of the coming into force of the present Agreement.
Article 7.
Nevertheless, Hungary undertakes to reserve from its State revenues, as from the coming into force of the present Agreement certain annual receipts at least equal to 150% of the annual payments mentioned in Article 1. It is understood that if any one of these payments is not made on the date upon which it falls due, Hungary shall immediately, at the simple request of five of the Creditor Powers, assign the said receipts as security.
The procedure for the assignment and management of the security shall form the subject of a special agreement between the Hungarian Government and the Bank for International Settlements. Failing agreement on this point, the said procedure shall be determined by three experts appointed by the President of the Permanent Court of International Justice.
Article 8.
Immediately after the coming into force of the present Agreement, the Hungarian Government shall transmit certificates representing the annuities specified under Article 1 to the Bank for International Settlements acting as Trustee for the Creditor Powers. The form of the said certificates shall be determined by the Committee provided for in Article 11, paragraph 4 below.
Article 9.
The Creditor Powers signatory to the present Agreement undertake, as from the date of its coming into force, to cease to apply their right of retention and liquidation of the property, rights and interests which, at the date of the coming into force of the Treaty of Trianon, belonged to nationals of the former Kingdom of Hungary or to companies controlled by them, in so far as such property, rights and interests are not already liquid or liquidated, or have not yet been definitely disposed of.
Article 10.
The claims of Hungary against Germany referred to in Article 196 of the Treaty of Trianon and the claims of Germany against Hungary referred to in Article 261 of the Treaty of Versailles have been cancelled by the Agreement concluded with Germany at The Hague on 20th January 1930. Hungary takes note of and accepts this cancellation.
Equally, all the claims of Hungary against Austria and Bulgaria referred to in the said Article 196 of the Treaty of Trianon and all the claims of Austria and Bulgaria against Hungary referred to in Articles 213 of the Treaty of St. Germain and 145 of the Treaty of Neuilly respectively are cancelled.
All instruments and documents relating to these claims shall be destroyed under the supervision of the Small Committees entrusted with the transfer of the powers of the Reparation Commission.
Article 11.
The relations between the Reparation Commission and Hungary shall be terminated as soon as possible.
The accounts of the Reparation Commission with Hungary shall be considered as finally closed and as no longer of any effect at the date at which the present Agreement comes into force.
Save as provided for in paragraph 2 of Article 2, the rights and powers conferred on the Reparation Commission shall be transferred so far as is necessary to the Bank for International Settlements.
The procedure for and date of this transfer shall be determined by a Committee consisting of two representatives of the Hungarian Government, of four representatives of the Reparation Commission (one of whom shall be the Common Delegate to the Reparation Commission, or a representative nominated by him), and of a representative of the Bank for International Settlements.
Should the Bank for International Settlements not accept the whole of the functions attributed to it by the present Agreement, the appointment of some other trustee to be substituted so far as is necessary for the Bank, shall be within the competence of the Committee constituted under the present Article.
Article 12.
Subject to the approval of the Council of the League of Nations, the Committee of Control for Hungary shall cease to exercise its functions as soon as the present Agreement comes into force. The French Government, which is entrusted with the duty of receiving the ratifications, is also entrusted with the duty of submitting the necessary request to the Council of the League of Nations.
Article 13.
Any dispute between the Contracting Parties as to the interpretation or application of the present Agreement shall be submitted for final decision to the Tribunal referred to in the Agreement with Germany concluded at The Hague on 20th January 1930 in accordance with the procedure established in that Agreement, provided always that on the occasion of any such dispute the place of the Member appointed by Germany shall be taken by a Member appointed by Hungary.
Done at Paris in one copy on the 28th day of April 1930.
LOUCHEUR.
For Mr. BENEŠ: IBL.
ROBERT PERIER.
W. A. C. GOODCHILD.
W. A. C. GOODCHILD.
W. A. C. GOODCHILD.
W. A. C. GOODCHILD.
W. A. C. GOODCHILD.
PHILIPPE ROY.
D. CAVADIAS.
KORANYI.
IGINO BROCCHI.
TOMAZ FERNANDES.
J. MROZOWSKI.
N. TITULESCU.
M. SPALAIKOVITCH.
AGREEMENT No. II.
SETTLEMENT OF QUESTIONS RELATING TO THE AGRARIAN REFORMS AND MIXED ARBITRAL TRIBUNALS.
Preamble
A certain number of claims based on Article 250 of the Treaty of Trianon have been submitted by Hungarian nationals against the three Governments of Czechoslovakia, Jugoslavia and Roumania and as a result of the application of the agrarian reforms in those countries.
Legal proceedings are at present pending before the Mixed Arbitral Tribunals provided for in the Treaty. Other proceedings may be initiated.
Whilst the three Governments concerned are prepared to conclude the present Agreement in a spirit of conciliation with a view to terminating the discussions at present proceeding with the Hungarian Government, they declare formally that it is not to be deduced from this fact that they in any way recognise the justice of the said claims.
On the contrary, they make an express reservation as to their legal point of view, and the present Agreement cannot in any way be considered as justification for any fresh action or claim.
Moreover, the present Agreement cannot be interpreted as a surrender of the rights which Czechoslovak, Jugoslav and Roumanian nationals derive directly from the Treaty of Trianon in respect of any questions the settlement of which is not envisaged in the Agreements concluded this day.
In response to the appeal of friendly Powers not involved in these discussions, the three Governments wished to show their readiness for conciliation and their desire for peace.
On its side, the Hungarian Government declares that from the legal point of view it maintains the position which it has previously adopted on these questions; it intends to adhere to the present Agreement in the same desire for conciliation and peace. The present Agreement cannot be interpreted as a surrender of the rights which, in the view of the Hungarian Government, Hungarian nationals derive directly from the Treaty of Trianon in respect of any questions the settlement of which is not envisaged in the Agreements concluded this day.
Article I.
As from the date on which the present Agreement comes into force, the responsibility of the defendant in all legal proceedings brought prior to 20th January 1930 by Hungarian nationals before the Mixed Arbitral Tribunals, against Czechoslovakia, Jugoslavia and Roumania, in regard to the agrarian reforms, shall be solely in, cumbent upon a fund to be called the "Agrarian Fund".
1. The same rule shall apply to any legal proceedings which Hungarian nationals may later institute before the Mixed Arbitral Tribunals in regard to the agrarian reform, against Roumania, on account of the consequences of an act of seizure or transfer prior to 20th January 1930. All such proceedings can only be instituted against the Agrarian Fund, Roumania being relieved of all responsibility.
2. The same rule shall apply to any legal proceedings which Hungarian nationals may later institute before the Mixed Arbitral Tribunals, in regard to the agrarian reform, against Jugoslavia, in which country the agrarian reform has not yet formed the subject of a definitive law, on account of properties which, by virtue of the laws and decrees in force, are already subject to the agrarian reform and in regard to which the owners right of free disposal has been limited prior to 20th January 1930 by the effective application to his property of the provisions of those laws and decrees.
It is understood that any proceedings which may be instituted in respect of properties referred to in the first paragraph and paragraph 2 of the present Article, as a result of the application of the new Jugoslav law finally settling the manner in which the said properties are to be dealt with, can only be instituted against the Agrarian Fund, Jugoslavia being relieved of all responsibility.
In this connection, it has been agreed that Jugoslavia shall promulgate the definitive law before 20th July 1931, and shall take the necessary action to ensure that the new legislative provisions are applied to the properties referred to above as rapidly as possible and in any case before 31st December 1933.
3. Equally, the same rule shall apply to any legal proceedings which Hungarian nationals may later institute before the Mixed Arbitral Tribunals, in regard to the agrarian reform, against Czechoslovakia, subject to the special provisions set forth in Articles 11 to 20 of Agreement No. III.
Article II.
The Fund shall have legal personality, shall be financially autonomous, and shall entirely take the place of the three States in the legal proceedings referred to in Article I.
Article III.
The claims introducing legal proceedings against Czechoslovakia, Jugoslavia and Roumania, referred to in Article I, shall be treated henceforth as having been made against the Agrarian Fund.
Judgments shall be given and, if in favour of the claimants, carried into effect solely against the Fund, Czechoslovakia, Jugoslavia and Roumania being exempt from all responsibility, present or future, in relation to the said legal proceedings.
Article IV.
The Fund shall not be called upon to make any payment until it has received notification of the whole of the judgments.
In order to accelerate this notification, the Mixed Arbitral Tribunals shall follow a programme of work which shall be determined by them in advance.
This programme shall provide for sufficiently frequent sessions to enable all the proceedings to be terminated by final judgments as soon as possible.
The Presidents of the Mixed Arbitral Tribunals shall endeavour to elaborate and to apply the most expeditious procedure possible. The regular time limits for the written procedure provided for in the Rules of Procedure shall be reduced by half in the proceedings referred to in Article I.
Article V.
The judgments shall be transmitted as and when given to the Managing Commission of the Agrarian Fund, provided for in Agreement No. III of even date regarding the organisation and the working of the said Fund.
Article VI.
As soon as the Managing Commission shall have received the whole of the judgments delivered in the legal proceedings referred to in Article I, and, in any case, before 31st December 1932, it shall proceed to make a proportional distribution between the persons entitled to the benefit of the said judgments. The total of this distribution shall not exceed the assets of the Fund.
Regulations drawn up by the Managing Commission of the Fund shall determine the rules for this distribution. These Regulations may provide for payments on account to the persons entitled.
Should fresh resources come to be at the disposal of the Fund after the first distribution, the Managing Commission of the Fund shall effect a fresh distribution between the persons entitled under the judgments.
If a sufficiently large number of judgments has been delivered, and if it is to be feared that the other judgments may be delayed for fortuitous reasons, a provisional distribution may be made, provided that the Managing Commission is in a position to estimate with sufficient accuracy the sums necessary to satisfy judgments not yet delivered.
The payments allocated by virtue of these various distributions shall be a complete satisfaction of the rights of the persons entitled.
Article VII.
In the legal proceedings referred to in Article I, the Mixed Arbitral Tribunals shall not be competent to pronounce upon the differences on questions of principle between the several parties, as set forth in the Preamble to the present Agreement, and, in particular, shall not be competent to interpret Article 250 of the Treaty of Trianon. The Tribunals shall deliver and frame their judgments solely upon the basis of the present Agreement, and, if they find for the claimant shall award him compensation to be charged against the Fund.
Article VIII.
The Mixed Arbitral Tribunals shall ascertain whether the claimant is a Hungarian national qualified by virtue of the Treaty of Trianon and whether his property has been expropriated in application of the agrarian legislation. If these points are established, they shall decide on the amount of the compensation, if any, to be allotted to him.
The amount of the compensation shall be established by a summary procedure and in accordance with methods which shall be drawn up in advance by the three Mixed Arbitral Tribunals after agreement with the Managing Commission of the Agrarian Fund.
The Managing Commission may also conclude settlements with the claimants by agreement.
Article IX.
Each of the Mixed Arbitral Tribunals functioning between Czechoslovakia, Jugoslavia and Roumania, of the one part, and Hungary, of the other part, shall, for all questions, whether agrarian or other, be completed by the addition of two members chosen by the Permanent Court of International Justice from the nationals of countries which were neutral during the late war, who possess the necessary qualifications to act as arbitrators.
Article X.
Czechoslovakia, Jugoslavia and Roumania, of the one part, and Hungary, of the other part, agree to recognise, without any special agreement, a right of appeal to the Permanent Court of International Justice from all judgments on questions of jurisdiction or merits which may be given henceforth by the Mixed Arbitral Tribunals in all proceedings other than those referred to in Article I of the present Agreement.
The right of appeal may be exercised by written application by either of the two Governments between which the Mixed Arbitral Tribunal is constituted, within three months from the notification to its Agent of the judgment of the said Tribunal.
Article XI.
In order to facilitate settlements by agreement, the Mixed Arbitral Tribunals functioning between Czechoslovakia, Jugoslavia and Roumania, of the one part, and Hungary of the other part, shall not adjudicate on any point in dispute until 20th October, 1930, and shall extend until that date all the time limits of their procedure.
This extension shall not apply to time limits established for the deposit of claims introducing proceedings.
Article XII.
In the legal proceedings referred to in Article I, Czechoslovakia, Jugoslavia and Roumania shall have the option of either maintaining their national judge on the Mixed Arbitral Tribunal, or of having a judge appointed by the Agrarian Fund. In the latter alternative, the State in question shall meet all the expenses entailed by this substitution.
In such legal proceedings, the Agrarian Fund, as defendant, shall be represented by its own Agent; the Agent of the Governments of Czechoslovakia, Jugoslavia and Roumania may also intervene whenever he wishes for the purpose of furnishing information.
Article XIII.
The time limits for the filing of claims fixed by the Rules of Procedure of each Mixed Arbitral Tribunal functioning between the Creditor Powers and Hungary are declared to be final for all questions and can no longer be extended.
Further, all claims out of time filed after 20th January 1930 are declared inadmissible.
Article XIV.
As regards agrarian questions in Roumania, the period of limitation (six months) referred to in Article XIII, shall begin to run from the date on which the "Commission d'Arrondissement" (Comisiunea de Ocol) shall have given its decision by virtue of the Agrarian Reform Law of 30th July 1921, for Transylvania, the Banat, Crisana and Maramures, concerning the parcels of land forming the subject of the said decision.
Article XV.
As regards agrarian questions in Czechoslovakia, the period of limitation (six months) referred to above shall begin to run from the notification to the owner of the decision of transfer, as provided for in Articles 2, 2a, 3 and 3a, of the Czechoslovak Law No. 329 of 8th April 1920, concerning the parcels of land forming the subject of the said decision.
Article XVI.
As regards agrarian questions in Jugoslavia, the question of limitation will be settled by the general provisions of Article XIII so long as the definitive Agrarian Law has not been promulgated. After the promulgation of the definitive Law, the Governments of Hungary and Jugoslavia will reach an agreement to determine from what act laid down in the said law the period of limitation (six months) shall begin to run. Failing agreement, the general provisions of Article XIII will be applied.
Article XVII.
In the event of any difference as to the interpretation or application of the present Agreement and failing agreement between the Parties interested on the choice of a single arbitrator, any State interested shall be entitled to adresse itself, by written application, to the Permanent Court of International Justice, and shall not be barred by any decision of the Mixed Arbitral Tribunal under Article I of the present Agreement.
Done at Paris in a single copy this 28th day of April, 1930.
LOUCHEUR
for. Mr. BONEŠ: IBL
ROBERT PERIER
W. A. C. GOODCHILD
W. A. C. GOODCHILD
W. A. C. GOODCHILD
W. A. C. GOODCHILD
W. A. C. GOODCHILD
PHILIPPE ROY
D. CAVADIAS
KORANYI
IGINO BROCCHI
N. TITULESCU
J. MROZOWSKI
TOMAZ FERNANDES
M. SPALAIKOVITCH.